People v. Ellison

<p>Abstract of the Decision.</p> <p>1. Larceny, § 41*—necessity for finding of value. Whenever the measure or kind of punishment is dependent upon the value of the property stolen, the jury, or court, when the trial is by the court, must find that value as part of the verdict or finding, or a conviction cannot be sustained.</p> <p>2. Larceny, § 41*—effect of failure to find value. On an information charging defendant with stealing a watch of the value of fourteen dollars, tried by the court on the waiver of a jury, a conviction cannot be sustained, where the court failed to find the value of the property, since under the statute the extent of the punishment would depend upon whether the value of the property was over or under fifteen dollars.</p> <p>3. Labceny, § 42*—when fine excessive. Under a.statute prescribing imprisonment in the county jail, or other named places, and a fine of “not exceeding one hundred dollars" where the value of the property stolen is under fifteen dollars, the imposition of a fine of two hundred dollars is erroneous.</p>